Smith v. Commissioner of Social Security Administration
ORDER adopting 21 Report and Recommendation affirming the decision of the Commissioner of Social Security. Signed by Honorable Bruce Howe Hendricks on 7/7/17. (jtho, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Henry Russell Smith,
Nancy A. Berryhill, Acting
Commissioner of Social Security,
Civil Action No. 8:16-cv-1554-BHH
This matter is before the Court on Plaintiff Henry Russell Smith’s (“Plaintiff”)
complaint filed pursuant to 42 U.S.C. § 405(g), seeking judicial review of the Commissioner
of Social Security’s final decision, which denied Plaintiff’s claim for disability insurance
benefits. The record includes the report and recommendation (“Report”) of a United States
Magistrate Judge, which was made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local
Civil Rule 73.02(B)(2)(a) (D.S.C.). In the Report, which was filed on June 21, 2017, the
Magistrate Judge recommends that the Court affirm the Commissioner’s final decision. In
a notice filed on July 3, 2017, Plaintiff informed the Court that he will not be filing objections
to the Magistrate Judge’s Report.
The Magistrate Judge makes only a recommendation to the Court.
recommendation has no presumptive weight, and the responsibility to make a final
determination remains with the Court. Mathews v. Weber, 423 U.S. 261 (1976). The Court
is charged with making a de novo determination only of those portions of the Report to
which specific objections are made, and the Court may accept, reject, or modify, in whole
or in part, the recommendation of the Magistrate Judge, or recommit the matter to the
Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1). In the absence of specific
objections, the Court reviews the matter only for clear error. See Diamond v. Colonial Life
& Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that “in the absence of a
timely filed objection, a district court need not conduct a de novo review, but instead must
‘only satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation.’”) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
Here, because no objections were filed, the Court has reviewed the record, the
applicable law, and the findings of the Magistrate Judge for clear error. Finding none, the
Court hereby adopts and incorporates the Report (ECF No. 21).
Therefore, it is
ORDERED that the decision of the Commissioner of Social Security is affirmed.
IT IS SO ORDERED.
s/Bruce Howe Hendrics
The Honorable Bruce Howe Hendricks
United States District Judge
July 7, 2017
Charleston, South Carolina
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